[2000] KECA 271 (KLR)
The Court granted the interlocutory injunction as prayed because the respondent conceded to the applicant's entitlement to the relief. The absence of opposition and the respondent's express concession obviated the need for detailed judicial reasoning on the merits. The order was made in terms of prayer 1 of the...
Source-derived case information.
- Citation
- [2000] KECA 271 (KLR)
- Parties
- Applicant: Mohamed Osman Maalim; Respondent: Euro Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 83 of ??
- Procedural Posture
- Civil Application / Ruling on Interlocutory Injunction Pending Appeal
- Outcome
- Application allowed by consent; interlocutory injunction granted as prayed.
- Legal Topics
- Interlocutory Injunctions, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Osman Maalim
Applicant
Euro Bank Limited
Respondent
Procedural Posture
Civil Application / Ruling on Interlocutory Injunction Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to an interlocutory injunction pending the hearing of the intended appeal.
Ratio Decidendi
The Court granted the interlocutory injunction as prayed because the respondent conceded to the applicant's entitlement to the relief. The absence of opposition and the respondent's express concession obviated the need for detailed judicial reasoning on the merits. The order was made in terms of prayer 1 of the notice of motion dated 21st March, 2000, with costs of the application to be costs in the intended appeal.
Court Disposition
Application allowed by consent; interlocutory injunction granted as prayed.
Orders
- Order in terms of prayer 1 in the notice of motion dated 21st March, 2000.
- Costs of this application to be costs in the intended appeal.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, SHAH & O'KUBASU, JJ.A CIVIL APPLICATION NO. NAI.83 OF 2000 (UR. 2000) BETWEEN
MOHAMED OSMAN MAALIM .................................APPLICANT AND EURO BANK LIMITED ....................................RESPONDENT
(Intended Appeal from the Ruling of the High Court of Kenya at Nairobi (the Hon. Ms W. Gacheche, Commissioner of Assize) dated 2nd March, 2000 in H.C.C. NO. 73 OF 2000) ************* RULING OF THE COURT
Mr. Ohaga for the respondent concedes that the applicant is entitled to an injunction in terms as sought in this Court.
There will therefore be an order in terms of prayer 1 in the notice of motion dated 21st March, 2000. Costs of this application will be costs in the intended appeal.
Dated and delivered at Nairobi this 19th day of September, 2000.
R. S. C. OMOLO -------------------- JUDGE OF APPEAL
A. B. SHAH --------------------- JUDGE OF APPEAL
E. O'KUBASU --------------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR